GIFT  OF 


Proposed   Charter   for  the 

City  of  Sandusky, 

Ohio 

PREPARED  AND  SUBMITTED  BY  THE  CHARTER  COMMISSION 


DATE  OF  ELECTION 
TUESDAY,  JULY  28,  1914 

from  5:30  a.  m.  to  5:30  p.  m. 

Central  Standard  Time 


(COPY  OF  BALLOT) 


MUNICIPAL  CHARTER  BALLOT 

AN  ELECTION 

To  Determine  — Shall  the  Proposed  Charter  as 
formulated  by  the  Charter  Commission,  as  per 
resolution  passed  by  the  Council  of  the  City  of 
Sandusky,  Erie  County,  Ohio,  May  25th,  1914, 
be  adopted. 


For  the  Adoption  of  the  Charter  for  Sandusky,  Ohio,   as  submitted 
by  the  Charter  Commission  elected  July  30th,  1913. 


Against  the  Adoption  of  the  Cha-te*-  for  Sandusky,  Ohio,  a«  rnbmitted 
by  the  Charter  Commission  elected  Jviy  30th,  19; 3. 


To  the   Voters  of  the  City  of  Sandusky,  Ohio: 

The  Charter  Commission  of  the  City  of  Sandusky,  Ohio,  duly  con- 
scious of  the  responsibility  imposed  upon  it  by  the  electors  of  the  mu- 
nicipality have,  after  mature  and  deliberate  study  and  debate,  finally 
incorporated  within  the  provisions  of  the  following  proposed  charter 
those  principles,  which  in  its  best  judgment  are  designed  to  preserve 
to  the  city's  people  as  a  whole  the  things  essentially  best  for  a  govern- 
ment in  this  day  to  attain  to  the  highest  standards  of  impartiality  and 
efficiency. 

The  Commission  hereby  respectfully  calls  attention  to  some  of  the 
more  important  and  distinctive  features  embodied  in  the  charter  sub- 
mitted, viz: 

(1)  It  provides  "Home  Rule"  for  Sandusky,  thus  freeing  the  city 
from  control  and  interference  by  the  state  legislature  in  purely  local 
matters. 

(2)  It  places  the  administration  of  the  city's  affairs  and  the  whole 
responsibility  therefor  in  the  hands  of  a  Commission  of  five  citizens 
who  are  directly  accountable  to  the  people,  thus  avoiding  the  shifting 
of  duties  among  public  officials. 

(3)  It  provides  for  the  election  of  the  Commissioners  at  large 
upon  a  NON-PARTISAN  ballot  nominated  by  petition  without  a  primary 
election.     The  Commissioners  are  the  ONLY  officials  elected  by  the 
people. 

(4)  It  provides  for  the  Initiative,  Referendum  and   the  Recall. 
The  latter  affords  a  quick  and  effective  method  of  removing  incom- 
petent or  dishonest  officials. 

(5)  It  expressly  prohibits  a  candidate  for  office  from  circulating 
his  own  petition  or  soliciting  votes. 

(6)  It  provides  for  the  appointment  of  a  "City  Manager,"  a  person 
to  be  selected  by  the  Commission  on  account  of  his  experience  and 
peculiar  fitness  to  administer  the  affairs  of  the  city  under  the  direction 
of  the  Commission  and  who  is  directly  responsible  for  his  acts  to  the 
people   through   the   Commission.     All   subordinate   officers   and   em- 
ployees of  the  city  are  in  turn  appointed  by  the  "City  Manager"  and 
upon  merit  and  fitness  alone,  thus  tending  to  develop   and  provide 
trained  public  servants. 

(7)  It  establishes   additional   safe-guards   and   checks   upon   the 
finances  and  accounting  officers  of  the  city  and  the  maintanance  of  a 
perpetual  inventory  of  all  of  the  city's  property  so  necessary  to  guard 
against  waste  of  property  and  unnecessary  purchases. 

(8)  It    guards    against    granting    vicious    special    privileges    or 
franchises.  •-•.«.          .      .  .      •    • 

(9)  It  erfables  the**peepl*e*  UnOn  a  majority  voice  therefor  to  pur- 
chase, est*bUs£,:o.wji,and^pntrolput>lic  utilities. 


(10)  It  aims  to  promote  better  civil  service  regulations,  to  insure 
continuance  in  office  of  competent  employes  and  the  resulting  advan- 
tages thereof  to  the  city. 

(11)  It  provides  a  simple  and  adequate  method  for  amending  the 
charter  to  meet  any  extraordinary  future  needs  of  the  city. 

The  large  affirmative  vote  by  which  the  Charter  Commission  was 
elected  less  than  a  year  ago  justifies  the  presumption  that  the  people 
of  Sandusky  want  a  new  form  of  government  and  in  this  belief  the 
Commission  acting  in  unison  has  proposed  this  charter  which  it  re- 
spectfully urges  every  elector  of  Sandusky  to  examine,  study  and 
support. 

Respectfully  submitted, 

THE  CHARTER  COMMISSION. 


CHARTER 

Of  the  City  of  Sandusky,  Ohio 

Powers  of  the  City 

Section     1.     Name  and  Powers. 

Form  of  Government 

Section     2.     Statement  of  Form. 

The  City  Commission 


Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section  10. 
Section  11. 
Section  12. 
Section  13. 
Section  14. 
Section  15. 
Section  16. 


Creation  and  Powers. 

Qualifications. 

Vacancies. 

Salary  and  Bonds. 

President. 

Municipal  Bonds. 

Clerk  and  Employes. 

Meetings. 

Penalty  for  Absence. 

Legislative  Procedure. 

Ordinance  Enactment. 

Emergency  Measures. 

Record  and  Publication. 

Price  and  Mode  of  Publication. 


Administrative  Officers  and  Departments 

Section  17.  City  Solicitor. 

Section  18.  Department  of  Finance  and  Audits. 

Section  19.  Accounting  Procedure. 

Section  20.  Assessments  and  Licenses. 

Section  21.  Payment  of  Claims. 

Section  22.  Certification  of  Funds. 

Section  23.  Money  in  the  Fund. 

Section  24.  Emergencies. 

Section  25.  Purchasing  Agent. 

Section  26.  Sinking  Fund  Trustees. 

Section  27.  Civil  Service. 

Section  28.  Other  Boards  and  Departments. 

Section  29.  Advisory  Boards. 

Section  30.  Salaries  and  Bonds. 

Section  31.  City  Manager.     Appointment. 

Section  32.  Powers  and  Duties. 

Section  33.  Head  of  Departments. 

Section  34.  Platting  Commissioner. 


Improvement — Contracts 


Section  35.  Limitation  of  Assessments. 

Section  36.  Improvements  by  Direct  Labor. 

Section  37.  Sewer,  Water  and  Gas  Connections. 

Section  38.  Expenditures  in  Excess  of  $500. 

Section  39.  Time  of  Making  Contracts. 

Section  40.  Modification  of  Contracts. 

Section  41.  Bids  in  Excess  of  Estimate. 

Section  42.  Contracts— When  Void. 

Section  43.  General    Disqualifications. 

— 4— 


Elections 


Section  44.  Time  of  Holding  Elections. 

Section  45.  Ballots. 

Section  46.  Petitions  for  Place  on  Ballot. 

Section  47.  Acceptance. 

Section  48.  Election. 

Section  49.  General  Laws  to  Apply. 


Appropriations 


Section  50.  The  Estimate. 

Section  51.  Appropriation  Ordinance. 

Section  52.  Revision  of  Appropriations. 

Section  53.  Transfer  of  Funds. 

Section  54.  Unencumbered  Balances. 


Franchises 


Section  55. 

Section  56. 

Section  57. 

Section  58. 

Section  59. 

Section  60. 

Section  61. 

Section  62. 

Section  63. 

Section  64. 


Grants  Limited. 

Period  of  Grants. 

Assignment 

Right  of  Purchase. 

Extension  by  Annexation. 

Right  of  Regulation. 

Forfeitures. 

Accounts  and  Reports. 

Grants  not  Included. 

General  Provisions. 


Initiative  and  Referendum 

Section  65.     State  Laws  to  Apply. 

The  Recall 


Section  66. 
Section  67. 
Section  68. 
Section  69. 
Section  70. 
Section  71. 
Section  72. 
Section  73. 
Section  74. 


Recall  Petitions. 

Notice. 

Recall  Election. 

Ballots. 

Filling  of  Vacancies. 

Counting  the  Vote. 

Effect  of  Resignations. 

Miscellaneous   Provisions. 

Offenses  Relating  to  Petitions. 


Miscellaneous  Provisions 

Section  75.  General  Laws  to  Apply. 

Section  76.  Audit  and  Appraisal. 

Section  77.  Ordinance  Continued  in  Force. 

Section  78.  Continuance  of  Present  Officers. 

Section  79.  Continuance  of  Contracts  and  Vested  Rights. 

Section  80.  Oath  of  Office. 

Section  81.  Hours  of  Labor. 

Section  82.  Amendment  of  Charter. 

Section  83.  Saving  Clause. 

Section  84.  When  Charter  Takes  Effect. 


CHARTER 


CHARTER  OF  THE  CITY  OF  SANDUSKY,  OHIO 

We,  the  people  of  the  City  of  Sandusky,  Ohio,  pursuant  to  the 
provisions  of  the  Constitution  of  the  State  of  Ohio,  extending  to 
municipalities  the  privilege  of  "Home-rule,"  in  order  to  secure  for 
ourselves  and  posterity  practical  and  efficient  methods  in  administer- 
ing the  affairs  of  the  City,  to  protect  the  interests  and  insure  the  con- 
tinued general  welfare  of  the  community  and  to  enjoy  all  the  privileges 
of  local  self-government,  do  adopt  this  charter. 

POWERS  OF  THE  CITY 

Sec.  1.  The  inhabitants  of  the  City  of  Sandusky,  Ohio,  as  its 
limits  now  are  or  hereafter  may  be  established,  shall  continue  to  be 
a  body  politic  and  corporate,  to  be  known  and  designated  as  "The 
City  of  Sandusky,  Ohio"  and  as  such  shall  have  perpetual  succession. 
It  shall  have,  and  may  exercise,  all  powers  which  now  or  hereafter 
it  would  be  competent  for  this  charter  specifically  to  enumerate,  as 
fully  and  completely  as  though  said  powers  were  specifically  enum- 
erated herein;  and  no  enumeration  of  particular  powers  by  this 
charter  shall  be  held  to  be  exclusive. 

FORM  OF  GOVERNMENT 

Sec.  2.  The  form  of  government  provided  in  this  Charter  shall 
be  known  as  the  "Commission-Manager  Plan,"  and  shall  consist  of  a 
Commission  of  five  citizens,  who  shall  be  elected  at  large  in  manner 
hereinafter  provided.  The  City  Commission  shall  constitute  the  gov- 
erning body  with  powers  as  hereinafter  provided  to  pass  ordinances, 
adopt  regulations,  appoint  a  chief  administrative  officer  to  be  known 
as  the  "City  Manager,"  and  exercise  all  powers  hereinafter  provided. 

CITY  COMMISSION 

CREATION  AND  POWERS 

Sec.  3.  There  is  hereby  created  a  City  Commission  to  consist  of 
five  electors  of  the  city  elected  at  large,  who  shall  hold  office  for  a 
term  of  four  years  beginning  January  first,  after  their  election,  ex- 
cepting that  the  two  members  elected  at  the  first  election,  by  the 
lowest  vote  shall  hold  office  for  the  term  of  two  years  only. 

All  the  powers  of  the  city,  except  such  as  are  vested  in  the 
Board  of  Education  and  except  as  otherwise  provided  by  this  charter 
or  by  the  constitution  of  the  state,  are  hereby  vested  in  the  City  Com- 
mission; and,  except  as  otherwise  prescribed  by  this  Charter  or  by 
the  constitution  of  the  state,  the  City  Commission  may  by  ordinance 
or  resolution  prescribe  the  manner  in  which  any  power  of  the  city 
shall  be  exercised.  In  the  absence  of  such  provision  as  to  any  power, 
such  power  shall  be  exercised  in  the  manner  now  or  hereafter  pre- 
scribed by  the  general  laws  of  the  state  applicable  to  municipalities. 


QUALIFICATIONS 

Section  4.  Each  member  of  the  City  Commission,  for  at  least  three 
years  immediately  prior  to  his  election  shall  have  been,  and  during 
his  term  of  office  shall  continue  to  be,  a  resident  of  the  city  of  San- 
dusky,  Ohio,  and  shall  have  the  qualifications  of  an  elector  therein. 
He  shall  not  hold  any  other  public  office  or  employment  except  in  the 
State  Militia,  except  as  otherwise  provided  in  this  charter,  and  shall 
not  be  interested  in  the  profits  or  emoluments  of  any  contract,  job, 
work  or  service  for  the  municipality.  Any  Commissioner  who  shall 
cease  to  possess  any  of  the  qualifications  herein  required  shall  forth- 
with forfeit  his  office,  and  any  such  contract  in  which  any  member 
is  or  may  become  interested  may  be  declared  void  by  the  City  Com- 
mission. 

No  candidate  for  the  office  of  City  Commissioner  shall  make  any 
personal  canvass  among  the  voters  to  secure  his  nomination  or  elec- 
tion, or  the  nomination  or  election  of  any  other  candidate  at  the  same 
election,  whether  for  municipal,  county,  state  or  other  office.  He 
may  cause  notice  of  his  candidacy  to  be  published  in  the  newspapers, 
and  may  procure  the  circulation  of  a  petition  for  his  nomination;  but 
he  shall  not  personally  circulate  such  petition,  nor  by  writing  or  other- 
wise solicit  any  one  to  support  him  or  vote  for  him.  He  shall  not 
expend  or  promise  any  money,  office,  employment,  or  other  thing  of 
value  to  secure  a  nomination  or  election;  but  he  may  answer  such 
inquiries  as  may  be  put  to  him  and  may  declare  his  position  publicly 
upon  matters  of  public  interest,  either  by  addressing  public  meetings 
or  by  making  written  statements  for  newspaper  publication  or  general 
circulation.  A  violation  of  these  provisions,  or  any  of  them,  shall 
disqualify  him  from  holding  the  office,  if  elected;  and  the  person  re- 
ceiving the  next  highest  number  of  votes,  who  has  observed  the  fore- 
going conditions,  shall  be  entitled  to  the  office. 

VACANCIES 

Sec.  5.  Any  vacancy  in  the  City  Commission,  except  as  other- 
wise provided  in  this  charter,  shall  be  filled  by  the  remaining  mem- 
bers by  the  vote  of  at  least  three.  If  the  term  of  the  office  so  filled 
does  not  expire  for  two  years  or  more  after  the  next  regular  muni- 
cipal election  following  such  vacancy,  and  such  vacancy  occurs  in 
time  to  permit  it,  an  additional  City  Commissioner  shall  then  be 
elected;  and,  of  those  City  Commissioners  elected  at  such  election  the 
one  having  the  lowest  vote  shall  succeed  such  appointee  and  serve 
the  unexpired  term.  In  the  event  of  more  than  one  vacancy  to  be  so 
filled  by  election  the  same  provisions  shall  apply. 

If,  by  reason  of  resignations,  deaths,  failure  to  elect,  or  other 
circumstance,  three  or  more  vacancies  exist  or  occur  at  the  same 
time  in  said  City  Commission,  or  if  said  City  Commission  fails  to  fill 
any  vacancy  within  ten  days  after  the  same  occurs,  then  the  trustees 
of  the  sinking  fund  shall  make  such  number  of  appointments  as 
may  be  necessary  to  constitute  a  City  Commission  of  three  qualified 
members,  which  three  members  shall  at  once  proceed  to  fill  the  re- 
maining vacancies  as  hereinbefore  provided.  The  clerk  of  the  trus- 

—7— 


tees  of  the  sinking  fund  shall  cause  his  certificate  of  their  action  to 
be  entered  on  the  journal  of  the  City  Commission. 

SALARY  AND  BONDS 

Sec.  6.  The  salary  of  each  City  Commissioner  shall  be  $400  a  year 
payable  in  equal  monthly  installments;  and  each  City  Commissioner 
shall  give  bond  in  the  sum  of  $5000  with  some  bonding  company 
regularly  accredited  to  do  business  in  the  state  of  Ohio  as  surety  there- 
on, to  the  approval  of  the  Sinking  Fund  Trustees;  and  the  premium 
of  each  bond  shall  be  paid  by  the  city.  The  bonds  of  the  City 
Commissioners  shall  be  filed  with  the  Trustees  of  the  Sinking  Fund...- 

PRESIDENT 

Sec.  7.  The  City  Commission  shall  at  the  time  of  organizing  elect 
one  of  its  members  as  president  and  another  as  vice-president  for 
terms  of  two  years.  In  case  the  members  of  the  City  Commission 
within  five  days  after  the  time  herein  fixed  for  their  organization 
meeting,  are  unable  to  agree  upon  a  president  or  a  vice-president  of 
such  City  Commission,  then  a  president,  or  a  vice-president  or  both 
as  the  occasion  may  require,  shall  be  elected  from  all  the  members  of 
such  City  Commission  by  lot  conducted  by  the  City  Solicitor;  who  shall 
certify  the  result  of  such  selection  by  lot  upon  the  journal  of  the  City 
Commission. 

The  president  shall  preside  at  all  meetings  of  the  City  Commission 
and  perform  such  other  duties  consistent  with  his  office  as  may  be  im- 
posed by  it;  and  he  shall  have  a  voice  and  vote  in  its  proceedings,  but 
no  veto.  He  may  use  the  title  of  mayor  in  any  case  in  which  the 
execution  of  legal  instruments  of  writing  or  other  necessity  arising 
from  the  general  law  of  the  state  so  requires;  but  this  shall  not  be 
construed  as  conferring  upon  him  the  administrative  functions  of  a 
mayor  under  the  general  laws  of  Ohio,  but  he  shall  have  the  judicial 
functions  of  a  mayor  untfer  the  laws  of  Ohio  until  such  time  as  such 
judicial  functions  can  or  may  be  by  and  under  authority  of  the  con- 
stitution and  general  laws  of  the  state  performed  by  some  other 
officer  appointed  or  elected  for  that  purpose.  In  addition  to  the  salary 
hereinbefore  provided  for  members  of  the  City  Commission,  the  Presi- 
dent shall  receive  $600.00  annually,  payable  monthly,  during  such 
time  as  he  shall  be  vested  with  judicial  powers. 

The  President  of  the 'City  Commission  shall  be  recognized  as  the 
official  head  of  the  city  by  the  courts  for  the  purpose  of  serving  civil 
process,  by  the  Governor  for  the  purpose  of  military  law,  and  for  all 
ceremonial  purposes.  He  may  take  command  of  the  police  and  govern 
the  city  by  proclamation  during  times  of  public  danger  or  emergency, 
and  he  shall  himself  be  judge  of  what  constitutes  such  public  danger 
or  emergency.  However  such  a  public  danger  or  emergency  procla- 
mation of  the  President  of  the  City  Commission  may  be  terminated  at 
any  time  by  an  affirmative  vote  of  three  members  of  the  City  Commis- 
sion. The  powers  and  duties  of  the  President  shall  be  such  as  are 
conferred  upon  him  by  this  charter,  together  with  such  others  as  are 
conferred  by  the  City  Commission  in  pursuance  of  the  provisions  of 
this  charter,  and  no  others. 

If  the  president  be  temporarily  absent  from  the  city,  or  become 


temporarily  disabled  from  any  cause,  his  duties  shall  be  performed 
during  such  absence  or  disability  by  the  vice-president.  In  the  ab- 
sence of  both  president  and  vice-president  the  other  members  of  the 
city  commission  shall  select  one  of  their  number  to  perform  the 
duties  of  president. 

MUNICIPAL  BONDS 

Sec.  8.  The  City  Commission  shall,  subject  to  all  the  limita- 
tions of  arid  in  the  manner  prescribed  by  the  general  laws  of  Ohio, 
have  the  same  power  and  authority  to  issue  the  bonds  of  the  munici- 
pality as  is  vested  by  said  laws  in  City  Councils,  except,  that  in  cases 
of  municipal  bond  issues  requiring  the  approval  of  the  electors  of  the 
municipality,  such  bonds  may  and  shall  be  issued  and  sold,  if  a  ma- 
jority of  the  voters  voting  at  the  election  upon  the  question  of  issuing 
such  bonds,  vote  in  favor  thereof. 

CLERK  AND  EMPLOYES 

Sec.  9.  The  City  Commission  shall  appoint  a  clerk  who  shall  be 
known  as  the  Clerk  of  the  City  Commission,  and  who  shall  keep  a  rec- 
ord of  the  proceedings  of  the  City  Commission  and  perform  such  other 
duties  as  may  be  prescribed  by  this  charter  or  by  the  City  Commission 
It  may  also  appoint  and  employ  such  other  officers  and  employes  of 
its  body  as  are  necessary. 

MEETINGS 

Sec.  10.  The  City  Commission  shall  meet  on  the  first  day  of  Jan- 
uary, following  a  regular  municipal  election,  at  the  usual  place  of 
holding  the  meetings  of  the  legislative  body  of  the  city,  at  which  time 
the  newly  elected  City  Commissioners  shall  assume  the  duties  of  their 
office.  Thereafter  the  City  Commission  shall  meet  at  such  times  as 
may  be  prescribed  by  ordinance  or  resolution,  except  that  it  shall  meet 
regularly  not  less  tlian  once  each  week.  The  president,  any  two  mem- 
bers of  the  City  Commission,  or  the  City  Manager,  may  call  a  special 
meeting  of  the  City  Commission  upon  at  least  twelve  hours  written 
notice  to  each  member,  served  personally  or  left  at  his  usual  place  of 
residence.  All  meetings  of  the  City  Commission  shall  be  public  and 
any  citizens  shall  have  access  to  the  minutes  and  records  thereof  at 
all  reasonable  times.  The  City  Commission  shall  determine  its  own 
rules  and  order  of  business  and  shall  keep  a  journal  of  its  proceedings. 

PENALTY  FOR  ABSENCE 

Sec.  11.  For  each  absence  of  a  City  Commissioner  from  a  regular 
meeting  of  the  City  Commission,  there  shall  be  deducted  a  sum  equal  to 
two  per  cent  of  the  annual  salary  of  such  member.  Absence  from 
five  consecutive  regular  meetings  shall  operate  to  vacate  the  seat  of 
a  member  unless  the  absence  is  excused  by  and  entered  upon  the 
journal  of  the  City  Commission. 

LEGISLATIVE  PROCEDURE 

Sec.  12.  A  majority  of  all  the  members  elected  to  the  City  Com- 
mission shall  be  a  quorum  to  do  business,  but  a  less  number  may 
adjourn  from  day  to  day  and  compel  the  attendance  of  absent  mem- 
bers in  such  manner  and  under  such  penalties  as  may  be  prescribed 
by  ordinance.  The  affirmative  vote  of  at  least  three  of  the  members 

—9— 


shall  be  necessary  to  adopt  any  ordinance  or  resolution;  and  the  vote 
upon  the  passage  of  all  ordinances  and  resolutions  shall  be  taken  by 
"yeas"  and  "nays"  and  entered  upon  the  journal. 
ORDINANCE  ENACTMENT 

Sec.  13.  Each  proposed  ordinance  or  resolution  shall  be  intro- 
duced in  written  or  printed  form,  and  shall  not  contain  more  than 
one  subject  which  shall  be  clearly  stated  in  the  title;  but  general 
appropriation  ordinances  may  contain  the  various  subjects  and  ac- 
counts for  which  moneys  are  to  be  appropriated.  The  enacting 
clause  of  all  ordinances  passed  by  the  City  Commission  shall  be  "Be  it 
ordained  by  the  City  Commission  of  the  City  of  Sandusky,  Ohio."  The 
enacting  clause  of  all  ordinances  submitted  to  popular  election  by 
the  initiative  shall  be:  "Be  it  ordained  by  the  people  of  the  City  of 
Sandusky,  Ohio." 

No  ordinance  or  resolution  of  a  general  or  permanent  nature,  or 
granting  a  franchise,  or  creating  a  right,  or  involving  the  expenditure 
of  money  or  the  levying  of  a  tax,  or  for  the  purchase,  lease,  sale  or 
transfer  of  property,  unless  it  be  an  emergency  measure  or  unless 
otfierwiB*  provided  by  this  char  tor.  shall  be  passed  until  it  has  been 
read  at  two  regular  meetings  not  less  than  one  week  apart,  or  the  re- 
quirement for  such  reading  has  been  dispensed  with  by  an  affirmative 
vote  of  four  of  the  members  of  the  City  Commission.  No  ordinance 
or  resolution  or  section  thereof  shall  be  revised  or  amended  unless  the 
new  ordinance  or  resolution  contains  the  entire  ordinance  or  reso- 
lution or  section  revised  or  amended,  and  the  original  ordinance,  reso- 
lution, section  or  sections  so  amended  shall  be  repealed. 

EMERGENCY  MEASURES 

Sec.  14.  All  ordinances  and  resolutions  passed  by  the  City  Com- 
mission shall  be  in  effect  from  and  after  thirty  days  from  the  date  of 
their  passage,  except  that  the  City  Commission  may,  by  an  affirmative 
vote  of  four  of  its  members,  pass  emergency  measures  to  take  effect 
at  the  time  indicated  therein. 

An  emergency  measure  is  an  ordinance  or  resolution  for  the  im- 
mediate preservation  of  the  public  peace,  property,  health,  or  safety, 
or  providing  for  the  usual  daily  operation  of  a  municipal  department, 
in  which  the  emergency  is  set  forth  and  denned  in  a  preamble  thereto. 
Ordinances  appropriating  money  may  be  passed  as  emergency  meas- 
ures, but  no  measure  making  a  grant,  renewal  or  extension  of  a 
franchise  or  other  special  privilege,  or  regulating  the  rate  to  be 
charged  for  its  service  by  any  public  utility,  shall  ever  be  so  passed. 

RECORD  AND  PUBLICATION 

Sec.  15.  Every  ordinance  or  resolution  upon  its  final  passage 
shall  be  recorded  in  a  book  kept  for  that  purpose,  and  shall  be  authen- 
ticated by  the  signatures  of  the  presiding  officer  and  the  clerk  of  the 
City  Commission.  Every  ordinance  of  a  general  or  permanent  nature 
shall  be  published  once  within  ten  days  after  its  final  passage  in  the 
manner  hereinafter  provided. 

Ordinances  and  resolutions  providing  for  public  improvements, 
to  pay  the  cost  of  which  special  assessments  are  to  be  made,  need  not 

—10— 


be  published;  but  within  ten  days  after  the  passage  of  each  a  notice 
shall  be  published  as  follows,  the  same  being  in  addition  to  the  notice 
required  by  law  to  be  served  on  the  property  owners. 

As  to  the  resolution  declaring  the  necessity  of  the  proposed  im- 
provement, a  notice  shall  be  published  headed  "Notice  of  Public  Im- 
provement," stating  when  the  same  was  adopted  by  the  city  commis- 
sion, and  setting  forth  the  general  nature  and  the  extent  of  such 
improvement  including  any  change  of  street  grade  that  is  to  be  made, 
what  part  of  the  cost  thereof  is  to  be  assessed  against  the  property 
to  be  especially  benefitted  thereby,  and  when  water,  gas  or  other  street 
connections  must  be  made. 

As  to  the  ordinance  determining  to  proceed  with  the  improve- 
ment, a  notice  shall  be  published  headed  "Notice  of  Determination  to 
Proceed  with  Public  Improvement,"  stating  wh^n  the  City  Commission 
adopted  the  same,  describing  the  character  and  extent  of  the  im- 
provement in  general  terms,  and  setting  forth  within  what  time  as- 
sessments on  property  specially  benefited  may  be  paid  in  cash,  and 
for  what  period  and  at  what  interest  bonds  will  be  issued  for  that 
portion  of  the  assessment  not  so  paid. 

In  regard  to  the  ordinance  to  provide  for  the  issue  of  bonds,  a 
notice  shall  be  published  headed  "Notice  of  Bond  Issue  for  Public 
Improvement,"  stating  when  the  City  Commission  adopted  the  same, 
describing  the  improvement  in  general  terms,  and  stating  the  total 
amount  of  bonds  to  be  issued,  in  what  denomination,  when  maturing, 
how  to  be  dated  and  numbered,  the  rate  of  interest,  when  and  where 
payable,  and  the  lowest  price  at  which  any  portion  of  such  bonds  not 
taken  by  the  Sinking  Fund  Trustees  of  the  city,  or  of  the  city  school 
district,  will  be  offered  at  public  sale.  Wherever  practicable  notices 
of  the  same  character  required  to  be  published  regarding  separate 
improvements  shall  be  combined  into  one  notice  under  a  single  heading. 

No  resolution  declaring  it  necessary  to  proceed  with  any  public 
improvement  shall  be  adopted  until  complete  plans,  specifications, 
profiles  and  estimates  have  been  submitted  to  the  City  Commission  and 
been  approved  by  it ;  and  the  same,  or  a  copy  thereof,  shall  there- 
after remain  on  file  in  the  office  of  the  city  engineer  subject  to  in- 
spection by  the  public. 

PRICE  AND  MODE  OF  PUBLICATION 

Sec.  16.  All  of  the  above  mentioned  publications,  as  well  as  all 
other  newspaper  publications  made  by  the  city,  shall  be  published  in 
a  newspaper  or  newspapers  of  general  circulation  in  the  municipality, 
and,  where  legally  permissible,  such  publication  shall  be  made  but 
once  and  in  one  newspaper  only. 

The  newspaper  carrying  such  publication  shall  be  paid  a  price 
per  inch  of  space  used  at  the  lowest  and  best  rate  offered.  Whenever 
it  may  appear  to  the  City  Commission  that  the  rates  offered  by  such 
newspapers  are  unfair,  such  other  means  of  securing  due  publicity  may 
be  employed,  in  lieu  of  newspaper  advertising,  as  the  City  Commission 
may  by  resolution  determine. 

—11— 


ADMINISTRATIVE  OFFICERS  AND 
DEPARTMENTS 

CITY  SOLICITOR 

Sec.  17.  The  City  Commission  shall  appoint  a  City  Solicitor  who 
shall  hold  office  at  the  pleasure  of  the  City  Commission.  The  City  Soli- 
citor shall  act  as  the  legal  adviser  to,  and  attorney  and  counsel  for,  the 
municipality  and  all  its  officers  in  matters  relating  to  their  official 
duties.  He  shall  prepare  all  contracts,  bonds  and  other  instruments 
in  writing  in  which  the  municipality  is  concerned,  and  shall  endorse 
on  each  his  approval  of  the  form  and  correctness  thereof;  and  no 
contract  with  the  municipality  shall  take  effect  until  his  approval 
is  thus  endorsed  thereon.  He  or  his  assistants  shall  be  the  prosecutor 
or  prosecutors  in  any  mayor's  or  municipal  court,  and  shall  perform, 
such  other  duties  and  have  such  assistants  and  clerks  as  the  City 
Commission  may  authorize.  In  addition  to  such  duties  he  shall  per- 
form such  other  duties  as  may  he  required  of  him  by  the  City  Com- 
mission, as  well  as  such  as  may  be  required  of  City  Solicitors  by  the 
general  laws  of  the  state  applicable  to  municipalities  and  not  incon- 
sistent with  this  charter  or  with  any  ordinance  or  resolution  that 
may  be  passed  by  the  City  Commission. 

The  City  Solicitor  shall  have  the  power  at  any  time  to  cause  the 
affairs  of  any  department  or  the  conduct  of  any  officer  or  employee 
to  be  investigated;  but  upon  request  of  the  City  Commission  it  shall  be 
mandatory  upon  the  City  Solicitor  to  make  such  investigation,  and 
upon  the  written  request  therfor  of  not  less  than  two  members  of  the 
City  Commission  he  shall  make  such  investigation  of  the  City  Commis- 
sion itself.  In  making  such  investigation  he  shall  have  the  power  to 
compel  the  attendance  of  witnesses  and  the  production  of  books, 
papers  and  other  evidence;  and  for  that  purpose  may  issue  subpoenas 
or  attachments  which  shall  be  signed  by  him  and  shall  be  served  by 
any  officer  authorized  by  law  to  serve  such  process.  He  shall  also 
have  power  to  cause  testimony  to  be  given  under  oath  to  be  ad- 
ministered by  some  officer  authorized  by  law  to  administer  oaths; 
and  he  shall  also  have  power  to  punish  as  for  contempt  any  person 
refusing  to  testify  to  any  fact  within  his  knowledge,  or  to  produce 
any  books  or  paper  under  his  control,  relating  to  the  matter  under 
investigation. 

DEPARTMENT  OF  FINANCE  AND  AUDITS 

Sec.  18.  There  is  hereby  created  a  Department  of  Finance  and 
Audits  to  be  headed  by  an  officer  known  as  the  City  Treasurer.  Thi& 
office  shall  be  held  by  a  person  especially  qualified  by  education  and 
experience  for  such  position. 

The  City  Commission  shall  appoint  a  City  Treasurer,  who  shall 
hold  office  at  the  pleasure  of  the  City  Commission.  The  City  Treasurer 
may  be  combined  with  that  of  Clerk  of  the  City  Commission  or  with 
any  other  office  not  inconsistent  therewith.  He  shall  be  the  custodian 
of  all  moneys  of  the  municipality,  and  shall  keep  and  preserve  the 
same  in  such  manner  and  in  such  place  or  places  as  shall  be  determ- 
ined by  the  City  Commission. 

—12— 


In  addition  to  such  duties  he  shall  perform  such  other  duties  as 
may  be  required  of  him  by  the  City  Commission  (as  well  as  such  as 
may  be  required  of  city  treasurers  and  city  auditors  by  the  general 
law  of  the  state  applicable  to  municipalities)  and  not  inconsistent  with 
this  charter  or  with  any  ordinance  or  resolution  that  may  be  passed 
by  the  City  Commission. 

He  shall  issue  all  warrants  for  payments  of  money  by  the  city, 
and  shall  require  the  signature  of  the  City  Manager  to  all  such  war- 
rants in  addition  to  that  of  his  own  and  that  of  the  head  of  the  de- 
partment for  which  the  money  is  drawn  and  appropriated.  He  shall 
keep  an  accurate  account  of  all  taxes  and  assessments,  of  all  moneys 
due  to,  and  all  receipts  and  disbursements  by,  the  municipality,  of 
all  its  assets  and  liabilities,  and  of  all  appropriations  made  by  the 
City  Commission. 

He  may  prescribe  the  form  of  reports  to  be  rendered  to  his  de- 
partment, and  the  method  of  keeping  accounts  by  all  other  depart- 
ments, and  he  shall  require  daily  reports  to  be  made  to  him  by  each 
department,  showing  the  receipt  of  all  moneys  by  such  department 
and  the  disposition  thereof.  Upon  the  death,  resignation,  removal, 
or  expiration  of  the  term  of  any  officer,  the  City  Treasurer  shall  audit 
or  cause  to  be  audited  the  accounts  of  such  officer,  and  if  such  officer 
shall  be  found  indebted  to  the  municipality  he  shall  immediately  give 
notice  thereof  to  the  City  Commission  and  the  City  Solicitor;  and  the 
latter  shall  forthwith  proceed  to  collect  the  same. 

Quarterly  during  each  year,  and  oftener  if  so  required  by  the 
City  Commission  the  Department  of  Finance  and  Audits  shall  file  with 
the  City  Commission,  a  complete  statement  of  the  financial  condition 
of  the  municipality  upon  blanks  to  be  prepared  to  the  satisfaction  of 
the  City  Commission — which  blanks  shall  show  fully  and  in  detail 
the  exact  status  of  each  of  the  city's  funds,  the  receipts  and  dis- 
bursements of  each  department  or  office  of  the  city  for  the  quarter, 
and  a  comparative  statement  covering  the  same  relative  period  of 
the  two  consecutive  years  just  prior,  as  well  as  such  other  informa- 
tion as  shall  be  required  by  the  City  Commission. 

Once  during  each  year,  or  oftener  if  so  required  by  the  City 
Board  of  Sinking  Fund  Trustees,  it  shall  be  the  duty  of  the  said 
Sinking  Fund  Trustees  to  have  the  department  of  Finance  and  Audits 
fully  audited  by  some  satisfactory  firm  of  certified  Public  Account- 
ants licensed  to  operate  in  the  State  of  Ohio — upon  receipt  of  such 
disinterested  audit  the  board  of  Sinking  Fund  Trustees  shall  cause 
the  same  to  be  properly  vouched  for  and  signed  by  the  Sinking  Fund 
Trustees,  who  shall  in  turn  cause  the  same  or  an  abstract  thereof  to 
be  published  under  the  provisions  for  publication  of  this  Charter. 

The  City  Treasurer  shall  give  surety  bond  in  a  company  authorized 
to  do  business  in  Ohio  in  such  amount  as  the  City  Commission  may  de- 
termine and  the  city  shall  pay  the  premium  therefor. 

ACCOUffTEffG  PROCEDURE 

Sec.  19.  Accounting  procedure  shall  be  devised  and  maintained 
for  the  city  adequate  to  record  in  detail  all  transactions  affecting  the 
acquisition,  custodianship,  and  disposition  of  values,  including  cash 

—13— 


receipts  and  disbursements;  and  the  recorded  facts  shall  be  presented 
periodically  to  offcials  and  to  the  public  in  such  summaries  and 
analytical  schedules  in  detailed  support  thereof  as  shall  be  necessary 
to  show  the  full  effect  of  such  transactions  for  each  fiscal  year  upon 
the  finances  of  the  city  and  in  relation  to  each  department  of  the 
city  government,  including  distinct  summaries  and  schedules  for  each* 
public  utility  owned  and  operated. 

ASSESSMENTS  AND  LICENSES 

Sec.  20.  The  City  Treasurer  shall  have  charge  of  the  preparation 
and  certification  of  all  special  assessments  for  public  improvements; 
and  the  mailing  of  notices  of  such  assessments  to  property  owners  and 
all  other  duties  connected  therewith;  the  collection  of  such  assess- 
ments as  are  payable  directly  to  the  city  and  the  preparation  and 
certification  of  all  unpaid  assessments  to  the  county  auditor  for  col- 
lection. He  shall  collect  all  fees  for  licenses  issued  under  authority 
of  the  City  Commission  and  shall  pay  the  same  into  the  city  treasury 
in  the  manner  provided  by  ordinance,  but  the  City  Commission  shall 
not  authorize  the  City  Treasurer  to  issue  licenses. 

PAYMENT  OF  CLAIMS 

Sec.  21.  No  warrant  for  the  payment  of  any  claim  shall  be  is- 
sued by  the  City  Treasurer  unless  such  claim  shall  be  evidenced 
by  a  voucher  approved  by  the  head  of  the  department  for  which 
the  indebtedness  was  incurred  and  countersigned  by  the  City  Mana- 
ger. Before  issuing  such  voucher  the  supplies  and  materials  deliv- 
ered, or  work  done,  shall  be  duly  inspected  and  certified  to  by  the 
head  of  the  proper  department  or  office,  or  by  a  person  designated 
by  him.  The  head  of  each  department  or  office  shall  require  proper 
time  reports  for  all  service  rendered  to  be  certified  by  those  having 
cognizance  thereof,  to  serve  as  a  basis  for  the  preparation  of  pay- 
roll vouchers.  Each  head  of  a  department  and  his  surety  shall 
be  liable  to  the  city  for  all  loss  or  damage  sustained  by  the  city  by 
reason  of  the  negligent  or  corrupt  approval  of  any  claim  against  the 
city  in  his  department.  Prior  to  drawing  of  a  warrant  for  the  pay- 
ment of  any  voucher  or  claim,  the  City  Treasurer  may  at  his  dis- 
cretion cause  an  investigation  or  inspection  to  be  made  by  a  person 
designated  by  him,  and  shall  have  power  to  summon  persons  and  ex- 
amine them  under  oath  or  affirmation,  which  oath  or  affirmation  he 
may  administer. 

CERTIFICATION  OF  FUNDS 

Sec.  22.  No  contract,  agreement  or  other  obligation  involving 
the  expenditure  of  money  shall  be  entered  into,  nor  shall  any  ordi- 
nance, resolution  or  order  for  the  expenditure  of  money  be  passed  by 
the  City  Commission,  or  be  authorized  by  any  officer  of  the  city,  unless 
the  City  Treasurer  first  certify  to  the  City  Commission  or  to  the  proper 
officer,  as  the  case  may  be,  that  the  money  required  for  such  con- 
tract, agreement,  obligation  or  expenditure,  is  in  the  treasury,  to  the 
credit  of  the  fund  from  which  it  is  to  be  drawn,  and  not  appropriated 
for  any  other  purpose,  which  certificate  shall  be  filed  and  immediately 
recorded.  The  sum  so  certified  shall  not  thereafter  be  considered  un- 


appropriated  until  the  city  is  discharged  from  the  contract,  agree- 
ment or  obligation. 

MONEY  IN  THE  FUND 

Sec.  23.  All  moneys  actually  in  the  treasury  to  the  credit  of  the 
fund  from  which  they  are  to  be  drawn,  and  all  moneys  applicable  to 
the  payment  of  the  obligation  or  appropriation  involved,  that  are 
anticipated  to  come  into  the  treasury  before  the  maturity  of  such 
contract,  agreement,  or  obligation,  from  taxes  or  assessments,  or 
from  sales  or  services,  products  or  by-products  or  from  any  city  un- 
dertaking, fees,  charges,  accounts  and  bills  receivable  or  other  credits 
in  the  process  of  collection ;  and  all  moneys  applicable  to  the  payment 
of  such  obligation  or  appropriation,  which  are  to  be  paid  into  the 
treasury  prior  to  the  maturity  thereof,  arising  from  the  sale  or  lease 
of  lands  or  other  property,  and  moneys  to  be  derived  from  lawfully 
authorized  bonds  sold  and  in  process  of  delivery  shall  ,for  the  pur- 
poses of  such  certificate,  be  deemed  in  the  treasury  to  the  credit  of 
the  appropriate  fund  and  subject  to  such  certification. 

EMERGENCIES 

Sec.  24.  In  case  of  emergency  purchases  may  be  made  without 
competition,  if  a  sufficient  appropriation  has  theretofore  been  made 
against  which  such  purchases  may  lawfully  be  charged.  In  such 
cases  a  copy  of  the  order  issued  shall  be  filed  with  the  City  Purchas- 
ing Agent,  together  with  a  certificate  by  the  head  of  the  department, 
stating  the  facts  of  the  emergency.  A  copy  of  this  certificate  shall 
also  be  attached  to  and  filed,  with  the  voucher  covering  payment  for 
the  supplies. 

PURCHASING  AGENT 

Sec.  25.  The  City  Commission  shall  designate  some  officer  of  the 
city,  other  than  the  City  Treasurer,  to  act  as  its  Purchasing  Agent,  by 
whom  all  purchases  of  supplies  for  the  city  shall  be  made,  and 
who  shall  approve  all  vouchers  for  the  payment  of  the  same.  Such 
Purchasing  Agent  shall  also  conduct  all  sales  of  personal  property 
which  the  City  Commission  may  authorize  to  be  sold  as  having  become 
unnecessary  or  unfit  for  the  city's  use. 

All  purchases  and  sales  shall  conform  to  such  regulations  as  the 
City  Commission  may  from  time  to  time  prescribe;  but  in  either  case,  if 
an  amount  in  excess  of  five  hundred  (500)  dollars  is  involved,  oppor- 
tunity for  competition  shall  be  given.  Where  purchases  or  sales  are 
mad  on  joint  account  of  separate  departments,  the  Purchasing  Agent 
shall  apportion  the  charge  or  credit  to  each  department.  He  shall  see 
to  the  delivery  of  supplies  to  each  department,  and  take  and  retain  the 
receipt  of  each  department  therefore.  Until  the  City  Commission  shall 
otherwise  provide,  the  City  Manager  of  the  city  shall  act  as  such  Pur- 
chasing Agent. 

SINKING  FUND  TRUSTEES 

Sec.  26.  The  Sinking  Fund  Trustees  shall  consist  of  the  Presi- 
dent of  the  City  Commission,  the  City  Solicitor  and  three  members  ap- 
pointed by  the  City  Commission  for  a  term  of  five  years.  The  Trustees 
of  the  Sinking  Fund  shall  manage  and  control  the  sinking  fund  in  the 

—15— 


manner  provided  by  the  laws  of  the  State  of  Ohio,  in  so  far  as  the 
same  are  not  inconsistent  with  the  provisions  of  this  charter.  The 
Sinking  Fund  Trustees  shall  serve  without  compensation. 

CIVIL  SERVICE 

Sec.  27.  The  City  Commission  shall  establish  Civil  Service  rules 
for  the  appointment,  promotion,  reduction  and  removal  of  members  of 
the  Police  and  Fire  Departments,  and  may  establish  such  rules  for 
other  departments,  officers,  or  employees  of  the  city.  Provided  how- 
ever, that  the  Civil  Service  laws  in  force  January,  1916,  shall  con- 
tinue to  be  applicable  to  members  of  the  Police  and  Fire  Department 
until  the  City  Commission  shall  provide  Civil  Service  rules  therefor, 
and  for  the  purposes  of  this  provision,  the  Civil  Service  Commission 
holding  office  at  the  time  this  Charter  takes  effect,  shall  continue  in 
office,  until  such  Civil  Service  rules  are  adopted  by  the  City  Com- 
mission, whereupon  such  Civil  Service  Commission  shall  be  abolished. 

OTHER  BOARDS  AND  DEPARTMENTS 

Sec.  28.  All  other  administrative  departments  in  existence  shall 
continue  until  otherwise  provided  by  the  City  Commission,  and  all 
administrative  boards  in  charge  of  any  administrative  department  of 
the  city  shall  continue  in  office,  and  their  successors  shall  be  ap- 
pointed as  heretofore,  excepting  as  other  provision  is  made  in  this 
charter,  or  may  hereafter  be  made  by  the  City  Commission. 

The  City  Commission  shall  have  authority  to  provide  an  offi- 
cer whose  duty  it  shall  be  to  defend  and  furnish  legal  advice  or  other 
assistance  in  all  such  matters  and  to  all  such  persons  as  the  City 
Commission  may  by  ordinance  prescribe,  and  who  shall  perform  such 
other  duties  and  receive  such  compensation  as  the  ordinance  shall 
prescribe. 

Excepting  the  officers,  boards,  commissioners  and  departments 
hereinbefore  specially  mentioned  and  provided  for,  the  city  commis- 
sion shall  have  power  to  establish,  create,  combine,  or  abolish  offices, 
boards,  departments,  or  divisions  when  in  its  opinion  the  proper  ad- 
ministration of  the  business  of  the  city  so  requires. 

ADVISORY  BOARDS 

Sec.  29.  The  City  Commission  at  any  time  may  appoint  an  ad- 
visory board  or  boards  composed  of  citizens  qualified  to  act  in  an  ad- 
visory capacity  to  the  City  Commission,  the  City  Manager  or  the  head 
of  any  department,  with  respect  to  the  conduct  and  management  of 
any  property,  institution  or  public  function  of  the  city.  The  mem- 
bers of  any  such  board  shall  serve  for  a  time  fixed  in  their  appoint- 
ment, or  at  the  pleasure  of  the  City  Commission;  and  for  such  com- 
pensation, if  any,  as  the  City  Commission  may  provide ;  and  their  duty 
shall  be  to  consult  and  advise  with  such  municipal  officers  and  make 
written  recommendations  which  shall  become  part  of  the  records  of 
the  city. 

SALARIES  AND  BONDS 

Sec.  30.  The  City  Commission  shall  fix  by  ordinance  the  salary 
or  rate  of  compensation  of  all  officers  and  employes  ,of  the  city  en- 
titled to  compensation,  other  than  their  own;  and  may  require  any 

—16— 


•officer  or  employe  to  give  a  bond  for  the  faithful  performance  of  his 
duty,  in  such  an  amount  as  it  may  determine,  and  it  may  provide 
that  the  premium  thereof  shall  be  paid  by  the  city. 

CITY  MANAGER 

Sec.  31.  The  City  Commission  shall  appoint  a  City  Manager  who 
shall  be  the  administrative  head  of  the  municipal  government  under 
the  direction  and  supervision  of  the  City  Commission,  and  who  shall 
hold  office  at  the  pleasure  of  the  City  Commission.  He  shall  be  ap- 
pointed without  regard  to  his  political  beliefs  and  need  not  be  a  resi- 
dent of  the  city  at  the  time  of  his  appointment.  During  the  absence 
or  disability  of  the  City  Manager  the  City  Commission  may  designate 
some  properly  qualified  person  to  execute  the  functions  of  the  office. 

POWERS  AND  DUTIES 

Sec.  32.    The  powers  and  duties  of  the  City  Manager  shall  be: 

(a)  To  see  that  the  laws  and  ordinances  are  enforced. 

(b)  Except  as  herein  provided,  to  appoint  and  remove  all  heads 
of  departments,  and  all  subordinate  officers  and  employes  of  the  city; 
all  appointments  to  be  upon  merit  and  fitness  alone. 

(c)  To  exercise  control  over  all  departments  and  divisions  cre- 
ated herein  or  that  hereafter  may  be  created  by  the  City  Commission 
except  as  otherwise  provided  in  this  charter. 

(d)  To  see  that  all  terms  and  conditions  imposed  in  favor  of 
the  city  or  its  inhabitants  in  any  public  utility  franchise  are  faith- 
fully kept  and  performed ;  and  upon  knowledge  of  any  violation  there- 
of to  call  the  same  to  the  attention  of  the  City  Solicitor,  who  is  hereby 
required  to  take  such  steps  as  are  necessary  to  enforce  the  same. 

(e)  To  attend  all  meetings  of  the  City  Commission,  with  the 
right  to  take  part  in  the  discussions  but  having  no  vote. 

(f)  To  recommend  to  the  City  Commission  for  adoption  such 
measures  as  he  may  deem  necessary  or  expedient. 

(g)  To  act  as  Budget  Commissioner  and  to  keep  the  City  Com- 
mission fully  advised  as  to  the  financial  condition  and  needs  of  the 
city;   and 

(h)  To  perform  such  other  duties  as  may  be  prescribed  by  this 
Charter  or  be  required  of  him  by  ordinance  or  resolution  of  the  City 
Commission. 

HEAD  OF  DEPARTMENTS 

Sec.  33.  Excepting  the  department  of  Finance  and  Audits  and 
the  officers,  boards,  and  commissions  appointed  by  the  City  Commission 
as  hereinbefore  provided,  the  City  Manager  shall  appoint  the  heads 
of  all  departments  and  boards  created  by  the  City  Commission,  and 
until  otherwise  directed  by  the  City  Commission,  the  City  Manager  shall 
be  the  acting  head  of  each  of  the  departments  of  the  city,  but  with 
the  consent  of,  and  the  approval  of  the  City  Commission,  the  City 
Manager  shall  appoint  a  deputy  or  chief  clerk  to  represent  him  in 
any  of  said  departments  of  which  he  is  the  acting  chief. 

PLATTING  COMMISSIONER 

Sec.  34.  The  City  Manager  shall  be  the  platting  commissioner 
of  the  city  and  he  shall  exercise  the  authority  and  discharge  the 

—17— 


duties  of  that  office  under  the  provisions  of  the  general  law  of 
the  state  applicable  thereto,  except  as  the  same  may  be  modified  by 
the  City  Commission. 

IMPROVEMENTS— CONTRACTS 

LIMITATION  OF  ASSESSMENTS 

Sec.  35.  In  levying  special  assessments  to  pay  any  part  of  the 
cost  of  any  public  work  or  improvement,  the  City  Commission  shall  not 
exceed  any  limitation  as  to  the  amount  thereof  which  may  be  pre- 
scribed by  the  general  laws  of  the  state  applicable  to  municipalities 
and  in  force  at  the  time  it  is  determined  by  the  City  Commission  that 
any  such  work  shall  be  done  or  improvement  made.  Unless  for  spe- 
cial reasons  which  shall  be  stated  in  the  ordinance  levying  an  assess- 
ment or  providing  for  the  issue  of  bonds  to  pay  any  part  of  the  cost 
of  any  such  improvement  to  be  made  pursuant  to  contract,  no  such 
ordinance  shall  be  passed,  or  assessment  levied  or  money  borrowed, 
until  bids  for  the  labor  and  material  have  been  received  and  the  ap- 
proximate cost  of  the  improvement  accurately  determined. 

IMPEOVEMENTS  BY  DIEECT  LABOE 

Sec.  36.  Nothing  in  the  preceding  section  shall  be  construed  to 
prohibit  the  City  Commission  from  doing  any  public  work  or  making 
any  public  improvement  by  the  direct  employment  of  the  necessary 
labor  and  the  purchase  of  the  necessary  supplies  and  materials,  with 
separate  accounting  as  to  each  improvement  so  made,  but  the  City 
Commission  may  upon  so  declaring  by  ordinance  or  resolution  cause 
any  public  work  or  improvement  to  be  done  or  made  in  such  manner. 

SEWEE,  WATER  AND  GAS  CONNECTIONS 

Sec.  37.  Before  paving  or  otherwise  surfacing  or  resurfacing 
any  street  or  alley  of  the  city  the  City  Commission  shall  determine  the 
time  within  which  sewer,  water,  gas  or  other  connections  shall  be 
constructed,  and  shall  give  notice  thereof  to  the  persons  or  corpora- 
tions required  to  make  the  same,  and  if  a  person  or  corporation  fails 
to  make  any  such  connection  when  so  required  no  permission  to  make 
the  same  shall  thereafter  be  granted  within  five  years  from  the  com- 
pletion of  any  such  street  improvement  unless  with  the  consent  of 
four  of  the  City  Commissioners  expressed  by  resolution  adopted  at  a 
regular  meeting  of  the  City  Commission  and  stating  the  reason  there- 
for. Nothing  herein  shall  be  construed  to  prohibit  the  City  Commis- 
sion from  providing  that  such  connections  may  be  made  by  the  city 
and  the  cost  thereof  assessed  against  the  lots  and  lands  specially  bene- 
fited thereby. 

EXPENDITURE  IN  EXCESS  OF  $500 

Section  38.  When  an  expenditure  other  than  the  compensation  of 
persons  employed  by  the  city,  exceeds  $500  such  expenditure  shall 
first  be  authorized  and  directed  by  ordinance  of  the  City  Commission, 
and  no  contract  involving  an  expenditure  in  excess  of  such  sum  shall 
be  made  or  awarded  except  upon  the  approval  of  the  City  Manager 
and  the  City  Commission. 

—18— 


TIME  OF  MAKING  CONTRACTS 

Sec.  39.  The  City  Commission  shall  not  enter  into  any  contract 
which  is  not  to  go  into  full  operation  during  the  term  for  which  all 
the  members  of  such  City  Commission  are  elected. 

MODIFICATION  OF  CONTRACTS 

Sec.  40.  When  it  becomes  necessary  in  the  opinion  of  the  City 
Manager,  in  the  prosecution  of  any  work  or  improvement  under  con- 
tract, to  make  alterations  or  modifications  in  such  contract,  such  al- 
terations or  modifications,  if  made,  shall  be  of  no  effect  until  the 
price  to  be  paid  for  the  work  and  material,  or  both,  under  the  altered 
or  modified  contract,  has  been  agreed  upon  in  writing  and  signed  by 
the  contractor  and  by  the  City  Manager  and  approved  by  the  City 
Commission. 

BIDS  IN  EXCESS  OF  ESTIMATE 

Sec.  41.  In  no  instance  shall  contracts  be  let  either  as  a  whole, 
or  in  aggregate  if  bids  for  parts  of  the  work  are  taken,  which  exceed 
the  estimate  for  the  improvement  contemplated. 

CONTRACTS— WHEN  VOID 

Sec.  42.  All  contracts,  agreements  or  other  obligations  entered 
into  and  all  ordinances  passed,  or  resolutions  and  orders  adopted, 
contrary  to  the  provisions  of  the  preceding  sections,  shall  be  void. 

<.K\ERAL  DISQUALIFICATIONS 

Sec.  43.  No  member  of  the  City  Commission,  the  City  Manager 
or  any  other  officer  or  employe  of  the  city,  shall  directly  or  indirectly 
be  interested  in  any  contract,  job,  work  or  service  with  or  for  the 
city;  nor  in  the  profits  or  emoluments  thereof,  nor  in  the  expenditure 
of  any  money  on  the  part  of  the  city  other  than  his  fixed  compensa- 
tion; and  any  contract  with  the  city  in  which  any  such  officer  or 
employe  is,  or  becomes,  interested  may  be  declared  void  by  the  City 
Commission. 

No  member  of  the  City  Commission,  the  City  Manager  or  other 
officer  or  employe  of  the  city  shall  accept  any  gift,  frank,  free  ticket, 
pass,  reduced  price  or  reduced  rate  of  service  from  any  person,  firm 
or  corporation  operating  a  public  utility  or  engaged  in  business  of 
a  public  nature  within  the  city,  or  from  any  person  known  to  him  to 
have,  or  to  be  endeavoring  to  secure,  a  contract  with  the  city.  But 
the  provisions  of  this  section  shall  not  apply  to  the  transportation  of 
policemen  or  firemen  in  uniform  or  wearing  their  official  badges, 
when  the  same  is,  or  may  be,  provided  by  ordinance. 

ELECTIONS 

TIME  FOR  HOLDING  ELECTIONS 

Sec.  44.  The  first  election  under  this  charter  shall  be  held  on  the 
first  Tuesday  after  the  first  Monday  in  November,  1915;  thereafter 
regular  municipal  elections  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  November  in  the  odd  numbered  years.  All  nom- 
inations shall  be  by  petition.  Any  matter  which  by  the  terms  of  the 
charter  may  be  submitted  to  the  electors  of  the  city  at  any  special 
election  may  be  submitted  at  a  regular  municipal  election. 

—19— 


BALLOTS 

Sec.  45.  The  ballots  used  in  all  elections  provided  for  in  this 
charter  shall  be  without  party  marks  or  designations.  The  whole 
number  of  ballots  to  be  printed  for  the  election  of  candidates  for  the 
office  of  City  Commissioner  shall  be  divided  by  the  number  of  such 
candidates,  and  the  quotient  so  obtained  shall  be  the  number  of  ballots 
in  each  series  of  ballots  to  be  printed.  The  names  of  the  candidates 
shall  be  arranged  in  alphabetical  order  and  the  first  series  of  ballots 
printed.  The  first  name  shall  then  be  placed  last  and  the  next  series 
of  ballots  printed,  and  this  process  shall  be  repeated  until  each  name 
shall  have  been  first.  The  ballots  shall  then  be  combined  into  tablets 
with  no  two  of  the  same  order  of  names  together.  The  ballots  shall 
in  all  other  respects  conform  as  nearly  as  may  be  to  the  ballots  pre- 
scribed by  the  general  election  laws  of  the  state. 

PETITIONS  FOR  PLACE  Off  BALLOT 

Sec.  46.  Candidates  for  election  to  the  office  of  City  Commis- 
sioner shall  be  nominated  only  by  petition  signed  in  the  aggregate 
for  each  candidate  by  not  less  than  five  per  cent  of  the  total  vote  cast 
at  the  last  proceeding  muncipal  election..  The  name  of  any  elector  of 
the  city  shall  be  printed  upon  the  ballot  if  there  is  filed  with  the  elec- 
tion authorities  a  petition  in  accordance  with  the  following  provisions, 
to-wit: 

(a)  Such  petitions  shall  state  the  name  and  place  of  residence 
of  each  person  whose  name  is  presented  for  a  place  upon  the  ballot 
and  that  he  is  a  candidate  for  the  office  of  City  Commissioner  for  the 
city  of  Sandusky,  Ohio. 

(b)  Such  petitions   shall  be   signed  by  not  less  than   five  per 
cent  of  the  total  vote  cast  at  the  last  preceeding  municipal  election. 

(c)  Such   petitions  shall  contain  a  provision  that  each   signer 
thereto  thereby  pledges  himself  to  support  and  vote  for  the  candi- 
date or  candidates  whose  names  are  therein  presented  for  a  place 
upon  the  ballot,  and  each  elector  signing  a  petition  shall  add  to  his 
signature  his  place  of  residence  with  street  and  number  and  date  of 
signing  and  may  subscribe  to  one  petition  for  each  of  the  places  to 
be  filled  and  no  more.     All  signatures  shall  be  made  with  ink  or  in- 
delible pencil. 

(d)  The  signatures  of  all  petitioners  need  not  be  appended  to 
one  paper  but  to  each  separate  paper  there  shall  be  attached  an  affi- 
davit of  the  circulator  thereof  stating  the  number  of  signers  there- 
to, that  each  person  signed  in  his  presence  on  the  date  mentioned, 
and  that  the  signature  is  that  of  the  person  whose  name  it  purports 
to  be. 

(e)  Such  petitions  shall  not  be  signed  by  any  elector  more  than 
ninety  days  prior  to  the  day  of  such  regular  election  and  such  peti- 
tion shall  be  filed  with  the  election  authorities  not  less  than  thirty 
days  previous  to  the  day  of  such  election. 

ACCEPTANCE 

Sec.  47.  Any  person  whose  name  has  been  submitted  for  candi- 
dacy by  any  such  petition  shall  file  his  acceptance  of  such  candidacv 

—20— 


with  the  election  authorities  not  less  than  twenty-five  days  previous 
to  such  election;  otherwise  his  name  shall  not  appear  upon  the  ballot. 

ELECTION 

Sec.  48.  The  candidates  for  election  to  the  office  of  City  Com- 
missioner, equal  in  number  to  the  places  to  be  filled,  who  shall  re- 
ceive the  highest  number  of  votes  at  such  regular  municipal  election 
shall  be  declared  elected.  A  tie  between  two  or  more  candidates  for 
the  office  of  City  Commissioner  shall  be  decided  by  lot  under  the 
direction  of  the  election  authorities,  as  provided  by  the  general  elec- 
tion laws  of  the  state. 

<;K\EKAL  LAWS  TO  APPLY 

Sec.49.  All  elections  shall  be  conducted,  and  the  results  can- 
vassed and  certified,  by  the  election  authorities  prescribed  by  the  gen- 
eral election  laws  of  Ohio  and,  except  as  otherwise  provided  by  this 
Charter  or  by  ordinances  or  resolutions  of  the  City  Commission  here- 
after enacted,  the  general  election  laws  shall  control  in  all  such  elec- 
tions. 

APPROPRIATIONS 
THE  ESTIMATE 

Sec.  50.  The  fiscal  year  of  the  city  shall  begin  on  the  first  day 
of  January.  On  or  before  the  first  day  of  November  of  each  year 
the  City  Manager  shall  submit  to  the  City  Commission  an  estimate  of 
the  expenditures  and  revenues  of  the  city  departments  for  the  ensuing 
year.  This  estimate  shall  be  compiled  from  detailed  information  ob- 
tained from  the  several  departments  on  uniform  blanks  to  be  fur- 
nished by  the  City  Manager.  The  classification  of  the  estimate  of 
expenditures  shall  be  as  nearly  uniform  as  possible  for  the  main 
functional  divisions  of  all  departments,  and  shall  give  in  parallel 
columns  the  following  information: 

(a)  A  detailed  estimate  of  the  expense  of  conducting  each  de- 
partment as  submitted  by  the  department. 

(b)  Expenditures  for  corresponding  items  for  the  last  two  fiscal 
years. 

(c)  Expenditures  for  corresponding  items  for  the  current  fiscal 
year,  including  adjustments  due  to  transfers  between  appropriations 
plus  an  estimate  of  expenditure  necessary  to  complete  the  current 
fiscal  year. 

(d)  Amount  of  supplies  and  materials  on  hand  at  the  date  of 
the  preparation  of  the  inventory. 

(e)  Increase   or  decrease   of  requests  compared  with   the   cor- 
responding  appropriations   for   the   current   year. 

(f)  Such  other  information  as  is  required  by  the  City  Commis- 
sion or  that  the  City  Manager  may  deem  advisable  to  submit. 

(g)  The  recommendation  of  the  City  Manager  as  to  the  amounts 
to  be  appropriated  with  reasons  therefore  in  such  detail  as  the  City 
Commission  may  direct. 

Sufficient  copies  of  such  estimate  shall  be  prepared  and  sub- 
mitted, that  there  may  be  copies  on  file  in  the  office  of  the  Commis- 
sion for  inspection  by  the  public. 

—21— 


APPROPRIATION  ORDINANCE 

Sec.  51.  Upon  receipt  of  such  estimate  the  City  Commission  shall 
prepare  an  appropriation  ordinance  in  such  form  as  may  be  pre- 
scribed by  ordinance  or  resolution.  Before  finally  acting  upon  such 
tentative  appropriation  the  City  Commission  shall  fix  a  time  and  place 
for  holding  public  hearings  upon  the  tentative  appropriation,  and  shall 
give  public  notice  of  such  hearings.  Following  the  public  hearings 
and  before  its  final  passage,  the  appropriation  ordinance  shall  be 
published  with  a  parallel  comparison  with  the  recommendation  of  the 
City  Manager.  The  City  Commission  shall  not  pass  the  appropriation 
ordinance  until  five  (5)  days  after  its  oublication.  nor  before  the 
second  Monday  in  January. 

REVISION  OF  APPROPRIATIONS 

Sec.  52.  If,  at  the  beginning  of  the  term  of  office  of  the  first 
City  Commission  elected  under  the  provisions  of  this  Charter,  the  ap- 
propriations for  the  expenditures  of  the  city  government  for  the  cur- 
rent fiscal  year  have  been  made,  said  City  Commission  shall  have 
power  by  ordinance  to  revise,  to  repeal  or  change  said  appropriations 
and  to  make  additional  appropriations. 

TRANSFER  OF  FUNDS 

Sec.  53.  Upon  request  of  the  City  Manager  the  City  Commission 
may  transfer  any  part  of  an  unencumbered  balance  of  an  appropria- 
tion to  a  purpose  or  object  for  which  the  appropriation  for  the  cur- 
rent year  has  proved  insufficient,  or  may  authorize  a  transfer  to  be 
made  between  items  appropriated  to  the  same  office  or  department. 

UNENCUMBERED  BALANCES 

Sec.  54.  At  the  close  of  each  fiscal  year  the  unencumbered  bal- 
ance of  each  appropriation  shall  revert  to  the  respective  fund  from 
which  it  was  appropriated  and  shall  be  subject  to  future  appropria- 
tion. Any  accruing  revenue  of  the  city,  not  appropriated  as  herein- 
before provided,  and  any  balances  at  any  time  remaining  after  the 
purposes  of  the  appropriation  shall  have  been  satisfied  or  abandoned, 
may  from  time  to  time  be  appropriated  by  the  City  Commission  to 
such  uses  as  will  not  conflict  with  any  uses  for  which  specifically  such 
revenues  accrued.  No  money  shall  be  drawn  from  the  treasury  of 
the  city,  nor  shall  any  obligation  for  the  expenditure  of  money  be 
incurred,  except  pursuant  to  the  appropriations  made  by  the  City 
Commission,  but  nothing  in  this  or  the  preceding  section  shall  be 
construed  to  authorize  the  application  of  revenue  derived  from  a 
public  utility  of  the  city  to  any  other  purpose  than  that  of  the  utility 
from  which  the  same  was  derived. 

FRANCHISES 
GRANTS  LIMITED 

Sec.  55.  No  grant,  or  renewal  thereof,  to  construct  and  oper- 
ate a  public  utility  in  the  streets  and  public  grounds  of  the  city  shall 
be  made  by  the  City  Commission  to  any  individual,  company  or  cor- 
poration in  violation  of  any  of  the  limitations  contained  in  this 
charter. 

—22— 


PERIOD  OF  GRANTS 

Sec.  56.  No  such  grant  shall  be  exclusive,  nor  shall  it  be  made 
for  a  longer  period  than  twenty  years.  No  such  grant  shall  be  re- 
newed earlier  than  two  years  prior  to  its  expiration  unless  the  City 
Commission  shall  by  a  vote  of  at  least  four  of  its  members  first  de- 
clare by  ordinance  its  intention  of  considering  a  renewal  thereof.  All 
grants  of  the  right  to  make  extensions  of  any  public  utility  shall  be 
subject  as  far  as  practicable  to  the  terms  of  the  original  grant  and 
shall  expire  therewith. 

ASSIGNMENT 

Sec.  57.  No  such  grant  shall  be  leased,  assigned  or  otherwise 
alienated  except  with  the  express  consent  of  the  City  Commission. 

RIGHT  OF  PURCHASE 

Sec.  58.  All  such  grants  shall  reserve  to  the  city  the  right  to 
purchase  or  lease  all  the  property  of  the  utility  used  in  or  useful 
for  the  operation  of  the  utility,  at  a  price  either  fixed  in  the  ordi- 
nance making  the  grant,  or  to  be  fixed  in  the  manner  provided  by 
such  ordinance,  which  price  shall  in  no  event  include  any  value  for 
the  grant.  Nothing  in  such  ordinance  shall  prevent  the  city  from 
acquiring  such  property  by  condemnation  proceedings  or  in  any 
other  lawful  manner,  which  rights  shall  be  in  addition  to  those  re- 
served in  such  ordinance.  Upon  the  acquisition  of  such  property  by 
purchase,  condemnation  or  otherwise  all  grants  shall  at  once  terminate. 

EXTENSION  BY  ANNEXATION 

Sec.  59.  It  shall  be  provided  in  every  such  grant  that  upon 
the  annexation  of  any  territory  to  the  city  the  portion  of  any  such 
utility  that  may  be  located  within  such  annexed  territory  and  upon 
the  streets,  alleys,  or  public  grounds  thereof,  shall  thereafter  be 
subject  to  all  the  terms  of  the  grant  as  though  it  were  an  extension 
made  thereunder. 

RIGHT  OF  REGULATION 

Sec.  60.  All  grants  shall  be  subject  to  the  right  of  tne  city, 
whether  in  terms  reserved  or  not,  to  control  at  all  times  the  distribu- 
tion of  space  in,  over,  under  or  across  all  streets,  alleys  or  public 
grounds  occupied  by  public  utility  fixtures,  and,  when  in  the  opin- 
ion of  the  City  Commission  the  public  interest  so  requires,  such  fix- 
tures may  be  caused  to  be  reconstructed,  relocated,  altered  or  dis- 
continued; and  the  city  shall  at  all  times  have  the  power  to  pass  all 
regulatory  ordinances  affecting  such  utilities  which  in  the  opinion 
of  the  City  Commission  are  required  in  the  interest  of  the  public 
health,  safety  or  accommodation. 

FORFEITURES 

Sec.  61.  If  any  action  shall  be  instituted  or  prosecuted  directly 
or  indirectly  by  the  grantee  of  any  such  grant,  or  by  its  stockholders 
or  creditors,  to  set  aside  or  have  declared  void  any  of  the  terms  of 
any  such  grant,  the  whole  of  such  grant  may  be  thereupon  forfeited 
and  anulled  at  the  option  of  the  City  Commission  to  be  expressed 
by  ordinance.  All  such  grants  shall  make  provision  for  the  declara- 

—23— 


tion  of  a  forfeiture  by  the  City  Commission  for  the  violation  by  the 
grantee  of  any  of  the  terms  thereof. 

ACCOUNTS  AND  REPORTS 

Sec.  62.  Every  person  or  corporation  operating  a  public  utility 
within  the  city  limits,  whether  under  a  grant  heretofore  or  hereafter 
obtained,  shall  keep  and  maintain  at  some  place  within  the  city  suit- 
able and  complete  books  of  account,  showing  in  detail  the  assets,, 
financial  obligations,  gross  revenue,  net  profits  and  all  the  operations 
of  such  utility  which  are  usually  shown  by  a  complete  system  of 
bookkeeping. 

Each  such  person  or  corporation,  within  sixty  days  after  the  end 
of  each  of  its  fiscal  years,  unless  the  City  Commission  shall  extend  the 
time,  shall  file  with  the  City  Commission  a  report  for  the  preceding 
fiscal  year  showing  the  gross  revenue,  the  net  profits,  expenses  of 
repairs,  betterments  and  additions,  amount  paid  for  salaries,  amount 
paid  for  interest  and  discount,  other  expenses  of  operation,  and  such 
other  information,  if  any,  as  the  City  Commission  shall  prescribe  from 
time  to  time.  If  the  City  Commission  shall  prescribe  the  form  for 
such  reports,  then  such  reports  shall  be  made  in  the  form  from  time 
to  time  prescribe  by  such  City  Commission. 

It  shall  be  the  duty  of  each  such  person  or  corporation  to  furnish 
the  City  Commission  such  supplementary  or  special  information  about 
its  affairs  as  the  City  Commission  may  demand;  and  the  City  Commis- 
sion, or  its  authorized  representative,  shall  at  any  and  all  reasonable 
times  have  access  to  all  the  books,  records  and  papers  of  each  and 
every  such  person  or  corporation,  with  privilege  of  taking  copies  of 
same  or  any  part  thereof. 

The  duties  herein  prescribed  may  be  specifically  enforced  by  ap- 
propriate legal  proceedings;  and  in  addition,  each  such  person  or  cor- 
poration, for  failure  to  comply  with  the  provisions  of  this  section, 
shall  be  liable  to  the  City  of  Sandusky,  Ohio,  in  the  sum  of  twenty- 
five  dollars  per  day  for  each  day  of  such  failure,  to  be  recovered  in 
a  civil  action  in  the  name  of  the  city. 

The  provisions  of  this  section  do  not  apply  to  any  utility  extend- 
ing in  its  operations  to  other  communities  not  properly  suburban  to 
the  City  of  Sandusky,  Ohio;  but  the  City  Commission  by  ordinance 
may  make  the  same,  or  any  part  thereof,  applicable  to  the  portion  of 
any  such  utility  operated  within  the  limits  of  the  city. 

GRANTS  NOT  INCLUDED 

Sec.  63.  Revocable  permits  for  laying  spur  tracks  across  or 
along  streets,  alleys  or  public  grounds,  to  connect  a  steam,  electric 
or  other  railroad  with  any  property  in  need  of  switching  facilities  shall 
not  be  regarded  as  a  grant  within  the  meaning  of  this  charter,  but  may 
be  permitted  in  accordance  with  such  terms  and  conditions  as  the 
City  Commission  may  by  ordinance  prescribe. 

GENERAL  PROVISION 

Sec.  64.  Nothing  in  this  charter  contained  shall  operate  in  any 
way,  except  as  herein  specifically  stated,  to  limit  the  City  Com- 
mission in  the  exercise  of  any  of  its  lawful  powers  respecting  public 

—24— 


utilities,  or  to  prohibit  the  City  Commission  from  imposing  in  any 
such  grant  such  further  restrictions  and  provisions  as  it  may  deem 
to  be  in  the  public  interest,  provided  only  that  the  same  are  not  in- 
consistent with  the  provisions  of  this  charter  or  the  constitution  of 
the  state. 

INITIATIVE  AND  REFERENDUM 

STATK  LAWS  TO  APPLY 

Sec.  65.  The  provisions  for  the  Initiative  and  Referendum  in 
municipal  corporations,  now  in  force  or  hereafter  enacted,  as  pre- 
scribed by  the  general  laws  of  the  State,  shall  govern. 

THE  RECALL 

RECALL  PETITION 

Sec.  66.  Any  or  all  members  of  the  City  Commission  may  be  re- 
moved from  office  by  the  electors  by  the  following  procedure. 

A  petition  for  the  recall  of  the  City  Commissioner  or  City  Com- 
missioners designated,  signed  by  at  least  10%  of  the  total  number  of 
persons  voting  at  the  last  preceding  municipal  election,  and  containing 
a  statement  of  not  more  than  two  hundred  words  of  the  grounds  of 
the  recall,  shall  be  filed  with  the  City  Treasurer  and  he  shall  examine 
the  same  and  ascertain  anC  certify  thereon  whether  the  signatures 
thereto  amount  to  at  least  ten  per  cent  of  the  number  of  persons  voting 
at  the  last  preceding  municipal  election  and  he  shall  forthwith  notify 
the  City  Commissioner  or  City  Commissioners  sought  to  be  removed, 
and  he  or  they,  wtihin  five  days  after  such  notice,  may  file  with  such 
City  Treasurer  a  defensive  statement  in  not  exceeding  two  hundred 
words.  The  City  Treasurer  shall  at  once  upon  the  expiration  of  said 
five  days  cause  sufficient  printed  or  typewritten  copies  of  such  peti- 
tion, without  the  signatures,  to  be  made,  and  to  each  of  them  he  shall 
attach  a  printed  or  typewritten  copy  of  such  defensive  statement,  if 
one  is  furnished  him  within  the  time  provided.  He  shall  cause  one 
copy  of  such  petition  to  be  placed  on  file  in  his  office,  and  provide 
facilities  for  their  signing  the  same,  and  he  shall  also  cause  one 
copy  to  be  placed  in  each  of  the  several  fire  engine  houses  of  the  city, 
where  the  same  shall  be  in  the  custody  of  the  captain  of  the  house, 
who  shall  provide  facilities  for  there  signing  the  same.  The  City 
Treasurer  shall  immediately  cause  notice  to  be  published  in  some 
newspaper  of  general  circulation  iu  the  city  of  the  placing  of  such 
copies  of  such  petition. 

Such  copies  of  such  petition  shall  remain  on  file  in  the  several 
places  designated  for  the  period  of  thirty  days,  during  which  time  any 
of  them  may  be  signed  by  any  elector  of  the  city  in  person;  but 
not  by  agent  or  attorney.  Each  signer  of  any  of  such  copies  shall  sign 
his  name  in  ink  or  indelible  pencil,  and  shall  place  thereafter  his 
residence  by  street  and  number. 

NOTICE 

Sec.  67.  At  the  expiration  of  said  period  of  thirty  days  the 
City  Treasurer  shall  assemble  all  of  said  copies  in  his  office  as  one 

—25— 


instrument,  and  shall  examine  the  same  and  ascertain  and  certify 
thereon  whether  the  signatures  thereto  amount  to  at  least  fifteen 
per  cent  of  the  number  of  persons  voting  at  the  last  preceding  muni- 
cipal election.  If  such  signatures  do  amount  to  such  per  cent,  he 
shall  at  once  serve  notice  of  that  fact  upon  the  City  Commissioner  or 
Commissioners  designated  in  the  petition,  and  also  deliver  to  the  elec- 
tion authorities  a  copy  of  the  original  petition  with  his  certificate  as  to 
the  percentage  of  registered  voters  who  signed  the  same,  and  a  certi- 
ficate as  to  the  date  of  his  last  mentioned  notice  to  the  City  Commis- 
sioner or  City  'Commissioners,  designated  in  the  petition. 

RECALL  ELECTION 

See.  68.  If  the  City  Commissioner  o.  City  Commissioners  or  any  of 
them,  designated  in  the  petition,  file  with  the  clerk  of  the  City  Commis- 
sion within  five  days  after  the  last  mentioned  notice  from  the  City 
Treasurer  his  or  their  written  resignation,  the  clerk  of  the  City  Com- 
mission shall  at  once  notify  the  election  authorities  of  that  fact  and 
such  resignation  shall  be  irrevocable,  and  the  City  Commission  shall  pro- 
ceed to  fill  the  vacancy.  In  the  absence  of  any  such  resignation  the 
election  authorities  shall  forthwith  order  and  fix  a  day  for  holding  a 
recall  election  for  the  removal  of  those  not  resigning.  Any  such  elec- 
tion shall  be  held  not  less  than  thirty  nor  more  than  sixty  days  after 
the  expiration  of  the  period  of  five  days  last  mentioned,  and  at  the  same 
time  as  any  other  general  or  special  election  held  within  such  period; 
but  if  no  such  election  be  held  within  such  period  the  election  author- 
ities shall  call  a  special  recall  election  to  be  held  within  the  period 
aforesaid. 

BALLOTS 

Sec.  69.     The  ballots  at  such  recall  election  shall  conform  to  the 
following  requirements.     With  respect  to  each  person  whose  removal 
is   sought,  the  question   shall  be   submitted:    "Shall    (name   of  per- 
son)   be  removed  from  the  office  of  City  Commissioner  by  recall?" 
Immediately  following  each  such  question  there  shall  be  printed  on 
the  ballots  the  two  propositions  in  the  order  here  set  forth: 
"For  the  recall  of  (name  of  person)." 
"Against  the  recall  of  (name  of  person)." 

Immediately  to  the  left  of  each  of  the  propositions  shall  be  placed 
a  square  in  which  the  electors,  by  making  a  cross  mark  (X),  may  vote 
for  either  of  such  propositions." 

FILLING  OF  VACANCIES 

Sec.  70.  In  any  such  election,  if  a  majority  of  the  votes  cast 
on  the  question  of  removal  of  any  City  Commissioner  are  affirmative, 
the  person  whose  removal  is  sought  shall  thereupon  be  deemed  removed 
from  office  upon  the  announcement  of  the  official  canvass  of  that 
election,  and  the  vacancy  caused  by  such  recall  shall  be  filled  by  the 
remainder  of  the  City  Commission  according  to  the  provisions  of  sec- 
tion five  of  this  charter. 

If,  however,  an  election  is  held  for  the  recall  of  more  than  two 
Commissioners,  candidates  to  succeed  them  for  their  unexpired  terms 
shall  be  voted  upon  at  the  same  election,  and  shall  be  nominated  by 

—26— 


petitions  signed,  dated  and  verified  in  the  manner  required  for  peti- 
tions presenting  names  of  candidates  for  nomination  at  a  regular  elec- 
tion, and  similar  in  form  to  such  petitions,  and  signed  by  electors 
equal  in  number  to  at  least  five  per  cent  of  the  total  number  of  votes 
cast  at  the  last  preceding  municipal  election,  and  filed  with  the  elec- 
tion authorities  at  least  twenty  days  prior  to  such  recall  election. 
But  no  such  nominating  petition  shall  be  signed  or  circulated  until 
after  the  time  has  expired  for  signing  the  copies  of  the  petition  for  the 
recall,  and  any  signatures  thereon  antedating  such  time  shall  not  be 
counted. 

COUNTING  THE  VOTES 

Sec.  71.  Candidates  shall  not  be  nominated  to  succed  any  par- 
ticular City  Commissioner;  but  if  only  one  City  Commissioner  is  re- 
moved at  such  election,  the  candidate  at  such  election  receiving  the 
highest  number  of  votes  shall  be  declared  elected  to  fill  the  vacancy; 
and  if  more  than  one  City  Commissioner  is  removed  at  such  election, 
such  candidates  equal  in  number  to  the  number  of  City  Commissioners 
removed  shall  be  declared  elected  to  fill  the  vacancies;  and  among  the 
successful  candidates,  those  receiving  the  greater  number  of  votes 
shall  be  declared  elected  for  the  longer  terms.  Cases  of  ties,  and  all 
other  matters  not  herein  specially  provided  for,  shall  be  determined 
by  the  rules  governing  elections  generally. 

EFFECT  OF  RESIGNATIONS 

Sec.  72.  No  proceedings  for  the  recall  of  all  of  the  members 
of  the  City  Commission  at  the  same  election  shall  be  defeated  in  whole 
or  in  part  by  the  resignation  of  any  or  all  of  them,  but  upon  the 
resignation  of  any  of  them  the  City  Commission  shall  have  power  to 
fill  the  vacancy  until  a  successor  is  elected,  and  the  proceedings  for 
the  recall  and  the  election  of  successors  shall  continue  and  have  the 
same  effect  as  though  there  had  been  no  resignation. 

MISCELLANEOUS  PROVISIONS 

Sec.  73.  No  person  removed  by  recall  shall  be  eligible  to  be 
elected  or  appointed  upon  or  for  a  period  of  two  years  after  the  date 
of  such  recall.  The  City  Treasurer  shall  preserve  in  his  office  all 
papers  comprising  or  connected  with  a  petition  for  a  recall  for  the 
period  of  one  year  after  the  same  were  filed.  The  method  of  removal 
herein  provided  is  in  addition  to  such  other  methods  as  are,  or  may  be, 
provided  by  general  law. 

OFFENSES  RELATING  TO  PETITIONS 

Sec.  74.  No  person  shall  falsely  impersonate  another,  or  pur- 
posely write  his  name  or  residence  falsely,  in  the  signing  of  any  peti- 
tion for  initiative,  referendum  or  recall,  or  forge  any  name  thereto, 
or  sign  any  such  paper  with  knowledge  that  he  is  not  a  qualified  elec- 
tor of  the  city.  No  person  shall  sign,  or  knowingly  permit  to  be 
signed,  any  petition  for  recall  at  any  place  other  than  one  of  the 
places  hereinbefore  designated  for  the  signing  of  such  petitions.  Nor 
shall  any  person  employ  or  pay  another,  or  accept  employment  or 
payment,  for  circulating  any  initiative  or  referendum  petition.  Any 
person  violating  any  of  the  provisions  of  this  section  shall  be  deemed 

—27— 


guilty  of  a  misdemeanor  and  shall,  upon  conviction,  be  fined  in  any 
sum  not  to  exceel  one  hundred  dollars  and  the  costs  of  prosecution. 
The  foregoing  provisions  shall  not  be  held  to  be  exclusive  of,  but  in 
addition  to,  all  laws  of  the  state  prescribing  penalties  for  the  same 
offenses  or  for  other  offenses  relating  to  the  same  matter. 

MISCELLANEOUS  PROVISIONS 

.    GENERAL  LAWS  TO  APPLY 

Sec.  75.  All  general  laws  of  the  state  applicable  to  municipal 
corporations,  now  or  hereafter  enacted,  and  which  are  not  in  conflict 
with  the  provisions  of  this  charter,  or  with  ordinances  or  resolutions 
hereafter  enacted  by  the  City  Commission,  shall  be  applicable  to  this 
city;  provided,  however,  that  nothing  contained  in  this  charter  shall 
be  construed  as  limiting  the  power  of  the  City  Commission  to  enact 
any  ordinance  or  resolution  not  in  conflict  with  the  constitution  of  the 
state  or  with  the  express  provisions  of  this  charter. 

Audit  and  Appraisal 

Sec.  76.  Upon  the  adoption  of  this  Charter,  the  City  Council  shall 
immediately  cause  to  have  made  a  complete  audit  of  all  of  the  books 
and  offices  of  the  City,  and  also  shall  cause  to  have  made  what  is 
termed  a  perpetual  or  continuous  annual  appraisal  of  all  of  the  prop- 
erties both  real,  personal  and  mixed,  belonging  to  the  city.  Such  aduit 
and  appraisal  shall  be  made  by  regularly  accredited  Ohio  Certified 
Public  Accountants  and  Appraisers.  Upon  the  receipt  and  approval  of 
said  audit  and  appraisal  they  shall  be  filed  with  the  City  Board  of 
Sinking  Fund  Trustees,  and  copies  thereof  and  all  renewals  and  ad- 
ditions thereto,  shall  thereafter  be  kept  conveniently  filed  with  the 
City  Clerk  and  be  open  at  all  reasonable  times  to  the  inspection  of 
the  public. 

On  and  after  January  1st,  1916,  it  shall  be  the  duty  of  the  City 
Commission  to  carry  out  the  foregoing  provisions  of  this  section  in  the 
subsequent  maintenance  of  said  perpetual  appraisal,  but  as  hereinbe- 
fore provided  in  Section  18  of  this  Charter,  it  shall  then  be  the  duty 
of  the  Sinking  Fund  Trustees  to  maintain  said  audit. 

ORDINANCES  CONTINUED  IN  FORCE 

Sec.  77.  All  ordinances  and  resolutions  in  force  at  the  time  of 
the  taking  effect  of  this  charter,  not  inconsistent  with  its  provisions, 
shall  continue  in  full  force  and  effect  until  amended  or  repealed. 

CONTINUANCE  OF  PRESENT  OFFICERS 

Sec.  78.  All  persons  holding  office  at  the  time  this  charter 
is  adopted  shall  continue  in  office  and  in  the  performance  of  their 
duties  until  provision  shall  have  been  otherwise  made  in  accordance 
with  this  charter  for  the  performance  or  discontinuance  of  the  duties 
of  any  such  office.  When  such  provision  shall  have  been  made  the 
term  of  any  such  officer  shall  expire  and  the  office  be  deemed  abol- 
ished. The  powers  which  are  conferred  and  the  duties  which  are  im- 
posed upon  any  officer,  board  or  department  of  the  city  under  the 
laws  of  the  state,  or  under  any  city  ordinance  or  contract  in  force  at 

—28— 


the  time  of  the  taking  effect  of  this  act  shall,  if  such  office  or  de- 
partment is  abolished  by  this  charter,  be  thereafter  exercised  and  dis- 
charged by  the  City  Commission,  officer,  board  or  department  upon 
whom  are  imposed  corresponding  functions,  powers  and  duties  of  this 
charter  or  by  any  ordinance  or  resolution  of  the  city  hereafter 
enacted. 

COMIM  A\CF   OF   CONTRACTS   AM)   VESTED  RIGHTS 

Sec.  79.  All  vested  rights  of  the  city  shall  continue  to  be  vested 
and  shall  not  in  any  manner  be  affected  by  the  adoption  of  this  char- 
ter; nor  shall  any  right  or  liability,  or  pending  suit  or  prosecution, 
either  in  behalf  of  or  against  the  city,  be  in  any  manner  affected  by 
the  adoption  of  this  charter,  unless  otherwise  herein  expressly  pro- 
vided to  the  contrary.  All  contracts  entered  into  by  the  city  or  for 
its  benefits  prior  to  the  taking  effect  of  this  charter  shall  continue 
in  full  force  and  effect.  All  public  work  begun  prior  to  the  taking 
effect  of  this  charter  shall  be  continued  and  perfected  hereunder. 
Public  improvements  for  which  legislative  steps  shall  have  been  taken 
under  laws  in  force  at  the  time  this  charter  takes  effect  may  be  car- 
ried to  completion  in  accordance  with  the  provisions  of  such  laws. 

OATH  OF  OFFICE 

Sec.  80.  All  persons  before  taking  office  shall  take  the  oath  of 
office  prescribed  by  law,  but  the  oath  of  office  of  City  Commissioner 
shall  be  in  writing  and  be  filed  with  the  city  Treasurer  and  shall 
contain  the  affidavit  that  in  his  candidacy  for  nomination  and  election 
he  has  not  violated  any  provision  of  section  4  of  this  charter. 

HOIKS  OF  LABOR 

Sec.  81.  Except  in  cases  of  extraordinary  emergency,  not  to 
exceed  eight  hours  shall  constitute  a  day's  work  and  not  to  exceed 
forty-eight  hours  a  week's  work,  for  workmen  engaged  on  any  public 
work  carried  on  or  aided  by  the  city,  whether  done  by  contract  or 
otherwise;  and  it  shall  be  unlawful  for  any  person,  corporation  or 
association,  whose  duty  it  shall  be  to  employ  or  to  direct  and  control 
the  services  of  such  workmen  to  require  or  permit  any  of  them  to 
labor  more  than  eight  hours  in  any  calendar  day  or  more  than  forty- 
eight  hours  in  any  week,  except  in  cases  of  extraordinary  emergency. 
Any  person  who  shall  violate  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  be  fined 
not  to  exceed  five  hundred  dollars  or  be  imprisoned  not  more  than  six 
months  or  both.  This  section  shall  not  be  construed  to  include  police- 
men or  firemen  nor  shall  it  be  held  to  apply  to  any  contract  made 
prior  to  the  taking  effect  of  this  charter. 

AMFM»IF>T  OF  CHARTER 

Sec.  82.  Amendments  to  this  charter  may  be  submitted  to  the 
electors  of  the  city  by  a  two-thirds  vote  of  the  City  Commission,  and, 
upon  petition  signed  by  ten  per  cent  of  the  electors  of  the  city  setting 
forth  any  such  proposed  amendment,  shall  be  submitted  by  such  City 
Commission.  The  ordinance  providing  for  the  submission  of  any  such 
amendment  shall  require  that  it  be  submitted  to  the  electors  at  the 

—29— 


next  regular  municipal  election  if  one  shall  occur  not  less  than  sixty 
nor  more  than  one  hundred  and  twenty  days  after  its  passage;  other- 
wise it  shall  provide  for  the  submission  of  the  amendment  at  a  special 
election  to  be  called  and  held  within  the  time  aforesaid.  Not  less  than 
thirty  (30)  days  prior  to  such  election  the  Clerk  of  the  City  Commis- 
sion shall  mail  a  copy  of  the  proposed  amendment  to  each  elector 
whose  name  appears  upon  the  poll  or  registration  books  of  the  last 
regular  municipal  or  general  election.  If  such  proposed  amendment  is 
approved  by  a  majority  of  the  electors  voting  thereon  it  shall  become 
a  part  of  the  charter  at  the  time  fixed  therein. 

SAYING  CLAUSE 

Sec.  83.  If  any  section  or  part  of  a  section  of  this  charter 
proves  to  be  invalid  or  unconstitutional,  the  same  shall  not  be  held  to 
invalidate  or  impair  the  validity,  force  or  effect  of  any  other  section 
or  part  of  a  section  of  this  charter,  unless  it  clearly  appear  that  such 
other  section  or  part  of  a  section  is  wholly  or  necessarily  dependent 
for  its  operation  upon  the  section  or  part  of  a  section  so  held  uncon- 
stitutional or  invalid. 

WHEN  CHARTER  TAKES  EFFECT 

Sec.  84.  For  the  purpose  of  nominating  and  electing  officers 
and  all  purposes  connected  therewith  and  for  the  purpose  of  exercising 
the  powers  of  the  city  as  provided  herein,  this  charter  shall  take  effect 
from  the  time  of  its  approval  by  the  electors  of  the  city.  For  the 
purpose  of  establishing  departments,  divisions  and  officers,  and  dis- 
tributing the  functions  thereof,  and  for  all  other  purposes  it  shall 
take  effect  on  the  first  day  of  January,  1916. 

We,  the  undersigned  members  of  the  Charter  Commission  of  the 
City  of  Sandusky,  Ohio,  elected  at  a  special  election  held  on  the  30th 
day  of  July,  1913,  have  framed  and  hereby  propose  the  foregoing  as  a 
charter  for  the  City  of  Sandusky,  Ohio. 

Done  in  duplicate  in  the  City  of  Sandusky,  Ohio,  this  15th  day 
of  April,  1914. 

GEO.  C.  STEINEMANN,  PRESIDENT 

C.  C.  BITTNER.  VICE  PRESIDENT 

GEO.  P.  MAXWELL.  TREASURER  . 

C.  B.  BLISS.  SECRETARY 

HENRY  GRAEFE.  JR.  WM.  G.  HIRCHERT 

A.  H.  KLOTZ  E.  L.  MARSH 

C.  R.  MELVILLE  C.  F.  MISCHLER 

EDGAR  B.  ROBINSON  ED.  M.  VIETMEIER 

GEO.  T.  LEHRER  GEO.  J.  SCHADE 


hio 


^  ^aylord  Bros. 

Makers 

Syracuse,  N.  V. 
PAT.  JAN.  21.  1908 


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